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More Good 'Obamacare' News for Terrified Dems
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The Secret Koch Brothers Tapes...


EXCLUSIVE: Legendary 'Pentagon Papers' whistleblower offers frank comment on the NSA whistleblower; the dangers of our privatized surveillance state; the failure of Congressional oversight; and journalists 'discrediting their professions'...
By Brad Friedman on 6/13/2013 11:34am PT  

In his column over the weekend, lauding the "conscience and patriotism" of NSA contractor-turned-whistleblower Edward Snowden, legendary "Pentagon Papers" whistleblower Daniel Ellsberg cited a 1975 warning about the NSA from Sen. Frank Church (D-ID), chairman of the U.S. Senate Select Committee tasked with investigating unlawful intelligence gathering by the NSA, CIA and FBI following the Watergate scandal.

"I know the capacity that is there to make tyranny total in America," Church said, "and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return."

On Wednesday, during a fascinating interview on The BradCast on KPFK/Pacifica Radio, Ellsberg said directly, in the wake of Snowden's disclosures: "We're in the abyss. What he feared has come to pass."

The Guardian has asserted that former NSA contractor Edward Snowden "will go down in history as one of America's most consequential whistleblowers alongside Daniel Ellsberg and Bradley Manning," do it seemed the perfect time to chat with Ellsberg about all of this.

He offered a number of thoughts about Snowden himself, from one of the few people in the world who may have real insight into what the 29-year old leaker must be thinking and dealing with right about now, and why he may have chosen to both leave the country and then come out publicly. He describes Snowden as "a patriotic American, and to call him a traitor reveals a real misunderstanding of our founding documents."

"What he has revealed, of course, is documentary evidence of a broadly, blatantly unconstitutional program here which negates the Fourth Amendment," Ellsberg said. "And if it continues in this way, I think it makes democracy essentially impossible or meaningless."

As usual, Ellsberg pulled no punches in his comments on the dangers of our privatized surveillance state; the failure of our Congressional intelligence oversight committees (which he describes as "fraudulent" and "totally broken"); and on those who have been critical of Snowden and of Glenn Greenwald, the journalist from The Guardian who has broken most of the scoops on Snowden's leaked documents.

He said that folks like attorney Jeffrey Toobin at the New Yorker and author Thomas Friedman at New York Times and Senator Dianne Feinstein "are being very strongly discredited," by their attacks on Snowden. "The criticisms they're making, I think, are very discreditable to them in their profession," he says.

And, while answering to my request for a response to Josh Marshall's recent piece at TPM, in which Marshall weights his own conscience on this matter and frankly revealing his natural tendency to support the government over whistleblowers in cases like this, Ellsberg was particularly pointed. "Marshall has a lot to be said for him as a blogger," he said, before adding: "I think what he said there is stupid and mistaken and does not do him credit." He went on to describe some of Marshall's comments as "slander" against Snowden.

One other point that merits highlight here for now, before I let ya listen below. The difference between Ellsberg's circumstances and those in play today.

Ellsberg noted that after leaking top secret Defense Department documents to the New York Times in 1971, detailing how the Johnson Administration had lied the nation into the Vietnam War, President Nixon, at the time, ordered a break-in of his psychiatrist's office and discussed having Ellsberg "eliminated".

"All the things that were done to me then," he noted chillingly, "including a CIA profile on me, a burglary of my former psychiatrist's office in order to get information to blackmail me with, all of those things were illegal, as one might think that they ought to be."

"They're legal now, since 9/11, with the PATRIOT Act, which on that very basis alone should be repealed. In other words, this is a case right now with Snowden that shows very dramatically the dangers of that PATRIOT Act, used as it is. So the fact is, that all these things are legal. And even the one of possibly eliminating him"...

"We're In the abyss," indeed...

Download MP3 or listen online below...

* * *

UPDATE: Complete text transcript of interview now here. [Courtesy Emily Levy]

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By Brad Friedman on 6/12/2013 8:22pm PT  

Several days ago, I posted a video showing the stark differences between the positions on massive surveillance programs by candidate Barack Obama in 2007 and President Barack Obama in 2013.

And now, since we're nothing if not "fair and balanced", here is a short video of Sean Hannity of Fox "News" repeatedly lauding massive NSA surveillance programs during the George W. Bush Administration...and then decrying the very same programs as "tyranny" and a blatant violation of the U.S. Constitution now that Obama is doing it.

With all due respect to Hannity --- and I have none --- his over the top hypocrisy then versus now trumps even Obama's, hands down. Not to mention the small detail that the programs, as carried out under Bush were, at the time, illegal, while under Obama they have been made "legal". (Or so we are told. There is so much secrecy around them, of course, it is virtually impossible for the public to know either way.) Enjoy!...

Also recently related: "Republicans Suddenly Decide to Care About Big Government Overreach"

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By Brad Friedman on 6/12/2013 9:05am PT  

Ever since last week's disclosures about our massive surveillance state began pouring out from the Guardian's Glenn Greenwald, via leaked documents from NSA contractor Edward Snowden, detractors of the leaks have been pillorying them both for, among other things, supposedly putting national security at risk.

The attacks have come from both the Right and non-Right this time around, unlike during the Bush Administration when the attacks on whistleblowing came largely from the Right (and from some elected Democrats.)

At the end of this article over the weekend, I wrote a bit about how bizarre it's been to see partisan Obama supporters literally switching places with their partisan Bush-supporting counterparts, using arguments that are virtually identical to those by made by Republicans to defend Bush on these very same matters during his administration. Those same arguments, almost to the phrase, are now employed by many Democrats to defend the Obama DoJ's crackdown on whistleblowers, secret subpoenas of journalists and, now, as a call to arms against Snowden and Greenwald both for, somehow, putting the nation in danger. (At the same time, as I've also noted on several occassions, it's also amazing to witness some Republicans who've suddenly discovered a new found concern about Big Government Executive Branch overreach and the secret surveillance of U.S. citizens.)

Related to all of this, and true to many of those who have been critical of Snowden and Greenwald from both the Democratic and Republican side, is that while the recent disclosures have put us at risk (or something), as they argue, the issue of our massive, secret, privatized, surveillance state is, nonetheless, a very important issue about which we must have a public debate as a nation. On that, detractors from both sides seem to agree.

Here are just a few examples of that and some thoughts on how twisted this logic seems to be...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 6/11/2013 7:00pm PT  

I was on Abby Martin's Breaking the Set program on RT America this evening. The video is posted below.

We discussed the NSA leaks and everything related to it, including, briefly, my own disturbing experience --- which I have in common with Glenn Greenwald --- when we were both targeted by a cyber-scheme devised by government defense contractors set to turn tools developed for the "War on Terror" against us, at the behest of major corporate interests.

That is some of what The BRAD BLOG's legal analyst, Ernie Canning was attempting to warn about in his piece this morning on the many broad dangers of what has now become a massive, privatized, largely unaccountable, secret U.S. national security and surveillance state....

[I join Abby just after the 4:00 minute mark, for about 9 minutes.]

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By Ernest A. Canning on 6/11/2013 6:05am PT  

Whistleblower Edward Snowden did more than simply expose a level of NSA surveillance that suggests the entire system has grown dangerously close to that of "Big Brother" in George Orwell's 1984.

In disclosing that he served at the NSA as a third-party contractor employed by Booz Allen Hamilton, Snowden's revelations touch upon the disturbing fact that the U.S. has become not only a national security surveillance state, but a privatized national security surveillance state. Our national security apparatus is now run, in no small part, by massive private corporations whose financial interests may be better served by operating in secret and by exploiting and exaggerating public fears.

As reported by The New York Times on Monday, Booz Allen "has become one of the largest and most profitable corporations in the United States almost exclusively by serving a single client: the government of the United States." The company "reported revenues of $5.76 billion for the fiscal year ended in March."

The majority shareholder in Booz Allen is The Carlyle Group, the massive global asset management firm whose defense industry contracts raised questions of a conflict of interest during the George W. Bush administration in light of the direct financial ties and active rolls in Carlyle maintained by Bush's father, former President George H.W. Bush, his Sec. of State, James Baker, III, Ronald Reagan's Defense Sec. Frank Carlucci and even Shafiq Bin Laden (Osama's brother).

These new revelations serve as a reminder that 9/11 did more than serve as an economic boon for the military-industrial complex. The events of that horrible day gave rise to an endless "war on terror," to the starkly swift passage of the USA PATRIOT Act of 2001 and eventually, along with it, --- as Sen. Russ Feingold, the only U.S. Senator to vote against the Act, predicted at the time --- to the massive reach of the NSA surveillance state. Feingold's prediction echoed the ominous warning provided by Sen. Frank Church (D-ID) some thirty years earlier, that if the NSA's surveillance capabilities were ever allowed to go unchecked, there would be "no place to hide."

But what Senators Feingold and Church do not seem to have anticipated was that this Orwellian level of surveillance capabilities would be placed into the hands of private cyber security contractors, and their billionaire benefactors, whose financial interests lie in an exaggerated state of fear and secrecy. The merger between the NSA and private corporate power raises the specter that this never-ending "war on terror" has given rise to a national security apparatus whose real purpose is to protect wealth and privilege against the threat democracy poses to our increasingly stark levels of inequality.

So, is it terrorism or democracy which is the real target of an omnipresent NSA surveillance capability? Or is it something else entirely?...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 6/10/2013 3:54pm PT  

Huh...

[Hat-tip Lee Camp on the Twitters]

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Edward Snowden issues warnings about growing global, domestic surveillance state, as political world turns upside down...
By Brad Friedman on 6/9/2013 4:55pm PT  

29-year old former CIA technical assistant and current NSA third-party contractor Edward Snowden has decided to out himself as the source of the leaked national security documents exposing the U.S. government's massive secret telephone records collection and secret access to nine major Internet services providers, as published by journalist Glenn Greenwald of the Guardian over the course of the past week.

"Any analyst, at any time, can target anyone...anywhere," he tells Greenwald in a video interview published this morning by the Guardian, as recorded in Hong Kong where Snowden has taken refuge for the time being. He adds that, "increasingly", secret intelligence collection is "happening domestically."

"Not all analysts have the ability to target everything," he explains. "But I, sitting at my desk, certainly had the authorities to wiretap anyone, from you or your accountant to a federal judge or even the President if I had a personal email."

Prior to his decision to leak certain classified and top secret documents about "this massive surveillance machine" he said is being secretly built by the government --- documents which, he says, he reviewed specifically to make sure nobody was personally exposed by them --- Greenwald reports, in a separate article, that he "had 'a very comfortable life' that included a salary of roughly $200,000, a girlfriend with whom he shared a home in Hawaii, a stable career, and a family he loves."

"I carefully evaluated every single document I disclosed to ensure that each was legitimately in the public interest," he is quoted as telling the Guardian. "There are all sorts of documents that would have made a big impact that I didn't turn over, because harming people isn't my goal. Transparency is."

Thanks to his leaks from the NSA, "Snowden will go down in history as one of America's most consequential whistleblowers alongside Daniel Ellsberg and Bradley Manning" writes Greenwald, with fellow Guardian journalists Ewen MacAskill and Laura Poitras today.

"The public needs to decide whether these programs and policies are right or wrong," Snowden tells Greenwald in the fascinating video interview...

NSA and the intelligence community in general, is focused on getting intelligence where ever it can by any means possible, that it believes, on the grounds of sort of a self-certification, that they serve the national interest. Originally, we saw that focus very narrowly tailored, as far as intelligence gathered overseas. Now, increasingly, we see that it's happening domestically. And to do that, they --- the NSA, specifically --- targets the communications of everyone. It ingests them by default. It collects them in its system, and it filters them and it analyzes them and it measures them and it stores them for periods of time, simply because that's the easiest, most efficient and most valuable way to achieve these ends. So while they may be intending to target someone associated with a foreign government or someone they suspect of terrorism, they're collecting your communications to do so.

A decade ago, Snowden had enlisted in the U.S. Army in hopes of going to Iraq with the Special Forces, the Guardian reports. He became disenchanted, he says, when "Most of the people training us seemed pumped up about killing Arabs, not helping anyone." Following a serious injury during training, he was discharged, and eventually made his way into the intelligence field, and now the pages of history.

When asked why he decided to expose these programs, and now come out publicly about them at this time, as opposed to staying in the shadows until otherwise discovered, Snowden explains in the video...

--- Click here for REST OF STORY!... ---

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There's been barely a peep from pretend 'conservatives' since news of Obama's NSA spying on millions of American phone records...
By Brad Friedman on 6/6/2013 7:47pm PT  

Since the latest round of "ScandalMania" began, and long before it, we've been writing about how Fox "News" Republicans have been suddenly pretending to care about "Big Government" overreach.

In truth, they've never given a damn about any of it, unless it seemed to be something they could use to hurt Barack Obama and Democrats in some way. But, even then, the fake outrage was extraordinarily selective.

With yesterday's revelation by Glenn Greenwald at the UK Guardian, exposing the Obama NSA's secret FISA court order to obtain blanket access to months of records from "all telephone calls in [Verizon's] systems, both within the US and between the US and other countries," one might be dumb enough to think that Fox and the Republicans and, especially, U.S. House Oversight Committee Chair Rep. Darrel Issa, would be in an absolute uproar upon learning of the President's tyrannical Big Government overreach and invasion into the private lives of American citizens.

But, of course, we're not that dumb.

Other than Sen. Rand Paul, apparently, few on the Right could care less about any of it. That is, of course, because they never actually cared about Big Government or tyranny or invasions into the private lives of American citizens in the first place.

Alex Seitz-Wald at Salon explains it well, noting that between the time the story broke last night and about 2pm ET this afternoon, Fox "News" and Fox Business, together, had mentioned the story only three times. "Two were quick straight news segments, while the third was a little riff from the 'Fox and Friends' crew." At the same time, he writes, "Fox and Fox Business have mentioned the nine-month-old Libya scandal over 25 times"...

This is why conservative scandal mongers can’t have anything nice. When they’re handed a real scandal that should confirm all of their worst suspicions about government overreach, they fail to take the bait and fall back on a stale non-scandal that cable news has chewed over for months already. They know Benghazi is safe territory for them and that their viewers like it, but it’s too bad the most popular cable news network isn’t doing a better job of informing their viewers about legitimate Obama administration problems.

This afternoon, World Net Daily, the Birther news website, blasted out an email to readers: "Mother of all scandals: Obama’s war on Christians."

"This should be a litmus test for Republicans: either take action against this program, or never invoke liberty or limited government again," Conor Friedersdorf tweeted, regarding the NSA story.

And, of course, that was all before Greenwald and Ewen MacAskill's arguably even more alarming story today (also confirmed by Washington Post) revealing a massive, previously undisclosed, top secret NSA program named PRISM which now affords the agency "direct access to the systems of Google, Facebook, Apple and other US internet giants, according to a top secret document obtained by the Guardian." The program, they report, allows "officials to collect material including search history, the content of emails, file transfers and live chats."

Fox and friends are, no doubt, scrambling, even now, to ignore that story as thoroughly and as quickly as possible as well. Because, ya know, Benghazi! Or something...Or, maybe its the fact that both programs were begun under George W. Bush, back when Fox and friends didn't even pretend to give a damn about Big Government overreach --- other than when they were calling for more of it.

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By Brad Friedman on 5/31/2013 4:19pm PT  

In case you can't read it, the text of the identical letters, believed to contain deadly ricin --- as sent last week to President Barack Obama, Mayor Michael Bloomberg, and to his gun safety organization, Mayors Against Illegal Guns (as well as to an Air Force Base and the CIA) from a Shreveport, LA post office --- follows below...

You will have to kill me and my family before you get my guns. Anyone wants to come to my house will get shot in the face. The right to bear arms is my constitutional God given right and I will excersice [sic] that right til [sic] the day I die. whats in the letter is nothing compared to what ive [sic] got planned for you.

Well, that tears it! I'm convinced by his water-tight argument. We must fight to ensure every American --- just like the guy who wrote the letter above --- is able to buy any weapon he likes, with as much ammo as he likes, with as many magazines, of any size, as he likes, with no oversight, tracking or background checks whatsoever! I see no down side.

It is, after all, a "constitutional God given right" and who are we to put limits on what God wants (and wrote directly into our Constitution)?

Sure, laugh now. But, to paraphrase, "First they came for the attempted assassins," etc...

* * *

Rachel Maddow's quick take on the above, and a spate of similar incidents of late, follows below...

--- Click here for REST OF STORY!... ---

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'Trans-Pacific Partnership' seeks to supplant nation-states with privatized, global investor-state...
By Ernest A. Canning on 5/30/2013 7:35am PT  

While the U.S. corporate-owned media misdirect our attention by focusing on various pretend "scandals", the Obama administration has quietly sought "fast track authority" to secretly negotiate and ram through Congress the Trans-Pacific Partnership (TPP).

The TPP is a NAFTA-like "free trade" agreement that not only threatens our national sovereignty, but aspires to supplant the sovereignty of all participating nation-states with a privately-controlled, all encompassing, corporate, global "investor state". The "investor-state" finds its embodiment in the creation of arbitration tribunals which are granted the power to negate the effectiveness of laws passed by individual nation-states.

As explained by Margaret Flowers and Kevin Zeese, through TPP, U.S. corporations and their K-Street lobbyists seek to by-pass the legislative process and democratic accountability in order to undermine Internet freedom, U.S. environmental laws and regulations and local laws protecting the health and safety of our citizenry. "Many of those corporations that have failed to get what they want from Congress are now getting their way through the secret back door of the TPP," they write. Sen. Elizabeth Warren (D-MA) has also issued a warning that Wall Street is attempting to gut Dodd-Frank through trade agreements such as TPP.

But, as government watchdog group Public Citizen observes, TPP --- which is now augmented by a joint U.S./E.U. call for a similar Transatlantic Free Trade Agreement --- threatens not only U.S. sovereignty but the ability of all nations to protect their own citizenry through the expansion of an already "notorious investor-state system". Such a system allows ethically compromised international business arbitration tribunals to compel nation-states to fork over "taxpayer-funded" penalties to predominantly U.S.-based, multinational corporations as the result of "domestic regulatory frameworks concerning nuclear energy and currency stability, revocation of mining and oil licenses (often in response to contract violations), and numerous other government measures affecting public health, financial stability, access to essential services and the environment."

What, you hadn't heard about this? Perhaps because the corporate media, and both major political parties, would prefer you keep your eyes on the shiny, pretend objects (Benghazi "scandal"! IRS "scandal"!) rather than the policies supported by both parties that will actually have a very real impact on your life and our country...

--- Click here for REST OF STORY!... ---

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By Ernest A. Canning on 5/21/2013 7:04am PT  

In a white paper issued in March, the California Federation of Labor (CFL) called for reforms to "undo the damage" wrought by SB 899, a California GOP-sponsored workers' compensation "reform" bill that was touted by AP in April 2004 as “one of the biggest victories of [then Gov. Arnold Schwarzenegger's] new political career".

The celluloid action hero insisted the "reform" was necessary to curtail the spiraling costs of workers' compensation insurance for California employers.

As the CFL white paper correctly notes, the rationale behind Schwarzenegger's workers' compensation "reform" legislation was largely a scam. Like so many other investment schemes, the source of spiraling workers' compensation costs can be found in the 1993 deregulation of the insurance industry and a subsequent burst of a workers' compensation insurance investment bubble. Yet, Schwarzenegger refused to include limits on the rates insurance companies could charge employers as part of his "reform" package.

Despite an initial drop in the cost of workers' compensation insurance in California, costs have again climbed --- so much so that, according to a May 15 article that appeared in the Ventura County Star, "the Port of Hueneme is preparing to pay 120 percent more for workers' compensation insurance" in the coming year.

Contrary to the philandering actor-turned-Governor's claims that the savings would not be extracted from the backs of injured workers, SB 899 contained drastic reductions in benefits --- so drastic that, in a 2004 letter published by Los Angeles Times, after pointing out that I had represented litigants in workers' compensation proceedings since 1979 and was regarded by my peers as an exceptionally effective litigator, I warned California employees that if they were injured on the job, God help them because I was not sure I could.

Whatever efforts are now made to "undo the damage" wrought by SB 899, they will come too late for my client, Charles Romano. Thanks to the law's massive reduction in prohibitive penalties that could have been assessed for bad faith refusals to furnish vital, life-sustaining medical treatment --- the new penalties are a drop-in-the-bucket compared to what it had cost to keep him alive --- Charles is no longer with us...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 5/2/2013 4:55pm PT  

As we noted last week was likely to be the case, when the entire Republican state Senate GOP caucus came on board in support, today marriage equality became the law of the land in Rhode Island.

We'll let Fox "News" tell you about it, since it surely pains them to do so.

RI becomes the 10th state in the union to allow gay couples to enjoy the same constitutionally-protected equal rights to marriage as everyone else.

Our condolences to all of the straight couples in those states who have had their marriages destroyed because of it.

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Announcement follows Nevada state Senate approval of resolution to repeal longtime Constitutional marriage equality ban...
By Brad Friedman on 4/23/2013 12:43pm PT  

It was quite a moving show last night in the Nevada State Senate, as a Joint Resolution was passed that would repeal the Constitutional ban on marriage equality in that state, as passed by voters over a decade ago.

All of the state Senate's Democrats supported the resolution, and one Republican jumped onto the right side of history in a surprise last-minute move. One Democratic Senator even came out as gay during the floor proceedings.

The measure passed the Nevada Senate 12 to 9 and will now head to the Assembly. If successful there, it will face one more vote in both chambers in 2015 before appearing on the 2016 ballot for approval by voters who, according to recent polls there, are now believed to be in favor of lifting the ban. So, as MLK famously said, "The arc of the moral universe is long, but it bends toward justice."

Dramatic speeches on the floor during debate on the resolution led even jaded long-time Nevada report Jon Ralston, who covered the debate live via his Twitter feed, to observe: "Too often we who cover politics think of these people as automatons pressing a red or green button. Not tonight. Raw, emotional, human."

"Great to be not just a witness to history (or the beginning, at least), but to see politicians stripped down to who they are was something," he noted, before adding: "I feel sorry for reporters who weren't here to feel the electricity in this chamber."

But with Democrats across the country now seemingly falling over themselves to suddenly support marriage equality --- redefining the word "evolution" (or, perhaps, more accurately, attempting to redefine the word "flip-flop") --- even Republicans, at least Republicans in the Northeast, are also now showing signs of scrambling to get onto the right side of history as well.

This early evidence of that arrived in my inbox this morning, from the FreedomToMarry.org group...

--- Click here for REST OF STORY!... ---

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Likely-unconstitutional bills follow similar (failed) efforts in ME, IN...
By Ernest A. Canning on 4/19/2013 2:56pm PT  

Nearly a quarter century has passed since the U.S. Supreme Court, in Symm vs. United States, ruled that college students had a right to treat their dorms as their residence for voting purposes. It's a fact which Republicans seem to find very inconvenient --- especially given the fact that, in 2008, the youth vote, heaviest in precincts where college campuses are located, favored Barack Obama over John McCain by a two-to-one ratio. The numbers were similar against Mitt Romney in 2012.

Thus, in 2011, despite the fact that his investigation failed to establish a single instance of voter fraud by any student, Maine's Republican Secretary of State Charlie E. Summers sent an intimidating letter to lawfully registered student voters seeking to convince them to "cancel" their voter registration where they go to school.

"Back in February," of this year, writes Laura Conaway at Maddow Blog, "an Indiana Republican proposed revoking the right for students to register at their colleges. After college Democrats and Republicans in Indiana joined in pushing back, the sponsor promised to amend her bill so that it would be constitutional, by which she meant dropping the idea."

Not to be outdone, this month three North Carolina Republican State Senators have introduced the appropriately numbered S666, which would strip the right of the parents of students from claiming a personal state tax exemption, which ranges from $2,000 - $2,500, if the student lawfully uses their dorm as their residence for voting purposes.

A related bill, S667, deceptively titled the "Equalize Voter Rights" act, would also strip tax exemptions for parents whose student children fail to register their car at the same place they register to vote. According to WRAL, "That also could cut down on college student registration, since many students maintain their vehicle registration in their home counties."

As the state's Democratic House Minority leader notes, both bills "would raise taxes on middle-class families who are trying to put their children through college." But, apparently Republicans are now in favor of tax increases, at least in NC, as long at it might help curb the increase in the youth vote seen over the last several elections.

But what may be most troubling of all, is that it seems the esteemed GOP state Senators in NC must be entirely unaware of the provisions of the 24th Amendment which, long ago, outlawed all poll taxes.

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Like 'ObamaCare', marriage equality may prevail at SCOTUS despite, rather than because of, Obama Administration's arguments...
By Ernest A. Canning on 3/30/2013 8:35am PT  

On paper, Donald B. Verrilli, Jr., who was appointed by President Barack Obama to replace now Supreme Court Justice Elana Kagan as the U.S. Solicitor General, appears to be an experienced litigator with a distinguished background.

It is a background that includes having served as a law clerk for former U.S. Supreme Court Justice William Brennan, Jr. and having participated in over 100 cases before the U.S. Supreme Court. However, Verrilli's participation in Supreme Court oral arguments --- earlier with respect to the Affordable Care Act (ACA, or "ObamaCare") and, recently, in the challenge to Section 5 of the Voting Rights Act, as well as U.S. v. Windsor, with respect to the Defense of Marriage Act (DOMA) and in Hollingsworth v. Perry pertaining to California's Proposition 8 --- raises some disturbing questions.

Either Verrilli lacks the professional competence to assume primary responsibility for supervising and conducting litigation on behalf of the U.S. Government before the Supreme Court, or Verrilli, and the Obama administration, are so politically fearful of staking out principled positions that they have opted for a muddled middle ground. Perhaps it's a little of both.

Regardless, if the Windsor and Hollingsworth cases should establish a constitutional right of same-sex couples to marry, as urged by attorneys Ted Olson (R) and David Boies (D) in their Prop 8 Supreme Court brief [PDF], it will be despite the half-baked arguments presented by the Solicitor General, not because of them...

--- Click here for REST OF STORY!... ---

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